Terms & Conditions
The Double A Trading Company Limited – Terms and Conditions
In these conditions:
‘Buyer’ shall mean the name of the person, company or firm entering into the contract with the Seller.
‘Seller’ means The Double A Trading Company Limited (a Company registered in Scotland with company number SC203889) and whose registered offices is at 14 City Quay, Dundee, DD1 3JA.
‘Goods’ means the articles which the Seller is to supply in accordance with these conditions
‘Price’ means the total price of all the goods ordered together with any delivery charge as specified, exclusive of VAT.
‘VAT’ means the total amount of Value Added Tax due in respect of the Price.
‘Place of Delivery’ means the seller’s address unless a contrary Place of Delivery has been specified AND the appropriate charge has been specified.
B. Application of Terms and Conditions
Any order communicated to the Seller by the Buyer shall be accepted entirely at the discretion of the Seller and if accepted, will only be accepted upon these conditions.
Each order which is accepted shall constitute an individual legally binding contract between the Seller and the Buyer.
The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
These provisions shall apply to all contracts for the sale of goods between the Seller and the Buyer.
No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller. Only a registered director of the Seller is an authorised representative for these Conditions
The Sellers employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the contract the Buyer acknowledges that he has not relied on any representation which has not been confirmed by the Seller.
Goods are not supplied on approval and are not returnable without the Seller’s express approval.
Any typographical, clerical or other error or omission in any sales literature, quotation, price lists, acceptance of offer, invoice or other document or information issued by the Seller with be subject to correction without any liability on the part of the Seller.
If the Seller is not in physical possession of the goods at the time that the Buyer offers to buy the goods, the Seller’s obligation to sell and the Buyer’s obligation to buy shall be subject to the goods being made available by the appropriate manufacturer or supplier. If the Seller has attempted to order goods from the manufacturer or supplier at the request of the Buyer, and the order has not been fulfilled due to the failure of the manufacturer or supplier to provide the goods, the Seller shall inform the Buyer that the goods are not available for sale and in such circumstances the Seller shall repay to the Buyer any part of the Price that has been paid and neither the Seller nor the Buyer shall be under any further obligation to sell or buy the goods or shall be entitled to damages for the failure of the Seller to sell the goods to the Buyer.
The Seller may terminate the contract with immediate effect if the Buyer:
Fails to pay any sums due to the Seller as they fall due, or
Is a company and goes into administration, liquidation or receivership or is a person and is declared insolvent, or
Makes an arrangement with its creditors, or
Breaches any of these terms and conditions and fails to correct the breach within 14 days following notice from the Seller
C. Delivery and Risk
Delivery of the Goods shall be at the Place of Delivery.
Delivery shall be made by the Seller giving the Buyer possession of the Goods.
The Seller aims to deliver goods within five working days.
The Seller cannot be held responsible if the delivery address provided by the Buyer is incorrect.
Any time or date for delivery given by the Seller is given in good faith, but is an estimate only. The time for delivery shall not be of the essence and in the event that the Seller is unable to give the Buyer possession of the Goods on the Delivery Date at the Place of Delivery this shall not be good reason for the Buyer to terminate the contract or reject the Goods.
Risk in the Goods shall pass to the Buyer:
In the case of Goods to be delivered at the Sellers premises on the date specified by the Seller to the Buyer as the date on which the Goods are available for collection; or
In the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery, or if the Buyer fails to take delivery of the Goods, the time when the Seller has attempted delivery of the Goods
Notwithstanding delivery, title in the Goods shall not pass to the Buyer until the Buyer has paid the Price to the Seller, but, even though the title has not passed, the Seller shall be entitled to sue for the Price once its payment has become due.
The Seller will not be liable to the Buyer or be deemed to be in breach of a contract by reason of any delay in performing or any failure to perform, any of the Seller’s obligations in relation to the Goods. If the delay or failure was due to any cause beyond the Seller’s reasonable control. Without limiting the foregoing, the following will be regarded as causes beyond the Seller’s reasonable control:
Act of God, explosion, flood, tempest, fire or accident
War or threat of war, sabotage, insurrection, civil disturbance or requisition
Acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of the governmental, parliamentary or local authority
Import or export regulations or embargoes
Strikes, lock outs or other industrial action or trade disputes (whether involving employees or the Seller or of a third party)
Difficulties of obtaining raw materials, labour, fuel, parts or machinery, and
Power failure of breakdown in machinery
The obligation upon the Buyer to pay the Price with any and all VAT to the Seller arises on the Delivery Date or beforehand.
Payment may be made by SagePay, credit card, debit card or electronic Bank Transfer.
The Company reserves the right to charge interest on overdue monies at the rate of 8% per annum above the bank base rate and varied from time to time. In addition if the Customer defaults on payment the Company reserves the right to place the matter in the hands of our legal representatives, without prior warning in writing, and shall be entitled to a full reimbursement of any fees or disbursements paid to the legal representatives to aid recovery of monies outstanding to the Company.
E. Acceptance of Goods
The Buyer shall be deemed to have accepted the Goods, as if he had expressly written to the Seller and stated as such, if he fails to notify the Seller in writing that he does not accept the Goods within 7 days of delivery of the Goods.
F. Exclusion and Limitation
The Seller shall be under no liability to the Buyer for special, indirect or consequential loss, or damage (including loss of profits, business contracts, revenues and anticipated savings) sustained by the Buyer following breach of this Contract by the Seller.
In any event, the Seller’s liability to the Buyer arising out of any breach by the Seller of this Contract shall be limited to damages and such damages shall under no circumstances exceed the Price.
G. Cancellation and Return Policy
The Buyer may cancel their order at any point after placing the order until the end of seven days beginning with the date after the date on which the Buyer received the Goods.
To cancel an order the Buyer must contact the Seller in writing, by email or post stating why they wish to return the goods.
Goods must be returned complete, in an unused and undamaged condition.
Once the Buyer has notified the Seller that they wish to cancel their order, the Seller will repay any sums paid by the Buyer for the goods as soon as possible and in any event within fourteen days of receiving the Buyer’s notice of cancellation provided that the Goods in question are returned by the Buyer and received by the Seller in the condition they were in when delivered to the Buyer. If the Buyer does not return the Goods delivered to them or does not pay the costs of delivery the Seller shall be entitled to deduct the direct costs of recovering the goods from the amount to be repaid to the Buyer.
H. Second-Hand Goods
All Goods sold to the Buyer as Second-Hand Goods are taken by the Buyer in the condition in which they are offered for sale by the Seller (inclusive of all defects apparent to the Buyer, or which would have been apparent had a reasonable inspection have been made by the Buyer) the Buyer being satisfied by their own inspection, as to their quality and fitness for the purpose for which the Buyer requires them.
Where the Buyer intends to use the Goods at work, the Seller supplies them with the strict requirement that the Buyer will ensure, so far as reasonably practicable, that the Goods will be safe and without risks to health when properly used.
Further, and to the maximum extent permitted by law, the Seller gives no warranties in relation to the quality of the Goods or their suitability for any purpose, whether express or implied by statute, common law or otherwise. The Seller shall be under no liability, whether at contract or in tort or otherwise, in respect of the quality of the goods or their fitness for any purpose, save that, if the Buyer is a natural person, in accordance with the provisions of s.2(1) of the Unfair Contract Terms Act 1977, the Seller accepts and does not seek to limit or exclude liability for any death or personal injury caused to the Buyer by reason of the Seller’s negligence.
In respect of all new Goods manufactured and supplied to the Seller by third parties the Seller will pass on to the Buyer (in so far as possible) the benefit of any warranty given to the Seller by such third parties and will (on request) supply to the Buyer details of the terms and conditions of such warranty and copies of any relevant product information sheets, technical data sheets or product leaflets issued by such third parties and the Buyer shall be solely responsible to the entire exclusion of the Seller for complying with all of these.
Where the benefit of a third party warranty is available to the Buyer (or would have been available to the Buyer, but for a default for which the Buyer is responsible) the Seller’s liability under shall be to the exclusion of all other liability to the Buyer whether contractual, tortious or otherwise for defects in the Goods or for any loss or damage to or caused by the Goods, and all other conditions, warranties, stipulations or other statements whatsoever concerning the goods, whether express or implied, by statute, at common law or otherwise howsoever, are hereby excluded.